Second hand car not roadworthy after a week!

KatieBW123

Have made a series of gormless errors in purchasing a second hand car under pressure. But what can I do from this point please? I saw a used fiat on eBay with no ‘buy it now’ or auction, listed like a classified ad as per auto trader. Seller has been registered as business seller since 2004 with good feedback, I went to look at the car as nearby and took it for a test drive. Car is described as ‘mechanically perfect’ and had full service history. I noticed on the drive car was noisy in first gear but seller said it had always been noisy. He has subsequently left me a voice note saying the same. I did not have the savvy or expertise to question this. Bought the car last week and transferred direct to him. Noise became progressively worse on short drives and I texted him over the weekend to say, look I need to get this checked out. He is very ‘my word is my bond’ and seemed aggrieved I would so much as question his integrity. I noticed as I moved the car this morning there was fluid on the ground underneath. I drove to my mechanic and straight away, he said there was a major issue. He opened up the bonnet and oil all over the gearbox. He is preparing me diagnostic report but believes car has faulty gearbox possibly clutch too. He topped up the engine oil as there was none. He said this was a longtime issue, wouldn’t have just happened and would only get worse of course. I messaged seller to update and request a refund as I would like to return the car. This guy was enraged, said god knows what I’d done in the 6 days I’d had the car (school runs and supermarket mainly). He is very bullish, refuses to take the car back and was screaming at me ‘call your lawyers’ he is utterly nuts basically —the car is obviously about to die and is barely roadworthy as gearbox issues in these cars are pretty much the end of the road. Any thoughts welcome although my main question is, is my case for refund built on Sale of Goods act (as private sale) or under Consumer Act (hopefully, as he is registered on eBay as business seller (although can only see one other car he’s sold). Listing description does not tally with my terrible experience. Have spent a big wedge of cash as I need a car to work and now back at square one. Can’t believe it, very distressing. I really just want my money back so I can buy a new (to me) car. 

Ayr_Rage

Oil leaks and a faulty gearbox are mechanical issues which do not necessarily make a vehicle unroadworthy.

Do you have an invoice or receipt for the vehicle and how is the seller described on it?

KatieBW123

Ayr_Rage said:

Oil leaks and a faulty gearbox are mechanical issues which do not necessarily make a vehicle unroadworthy.

Do you have an invoice or receipt for the vehicle and how is the seller described on it?

The gearbox failing is a major issue and not worth repairing in these cars. He had described it as mechanically perfect. It cannot currently be driven without risk of further damage. 

I have his glowing listing from eBay. I have a receipt and he had added ‘sold as seen’ onto a written contract. But he knew there was a problem. He misled me about the state of the car

Ayr_Rage

If the receipt is not on business paperwork then I don't believe you have any rights to a refund especially as the gearbox issue was mentioned by both of you after the test drive.

Legal action may be your only recourse, the experts will be along later to give you further advice.

KatieBW123

Ayr_Rage said:

If the receipt is not on business paperwork then I don't believe you have any rights to a refund especially as the gearbox issue was mentioned by both of you after the test drive.

Legal action may be your only recourse, the experts will be along later to give you further advice.

He didn’t mention it in the context of the gearbox! He misrepresented it as part of the cars charm and not in anyway an issue. It’s the mechanic who spotted it was a gearbox issue, car is also revving now when you change gear. My point is do I have any recourse when a car is sold as perfect, no issues and 6 days later mechanic diagnoses serious issues which had clearly been underlying for ages. 

sheramber

Is this a business transaction or a private 
  sale.? 

Does the invoice show a business name and address? 

KatieBW123

sheramber said:

Is this a business transaction or a private 
  sale.? 

Does the invoice show a business name and address? 

I would’ve described as a private sale between us until I realised he’d gained my trust and basically stitched me up. Also that he’s registered as a business on eBay and profile there gives his address and phone # which are also his personal details. 

Receipt is handwritten and not on headed paper or whatever but so are some of mine tbh. He is creative self employed etc 

If treated as a private sale, I need to claim for misrepresentation under the Sale of Goods Act as the car was described as perfect but had major pre-existing faults diagnosed within days. 

swingaloo

Its not what you describe it as that matters, is he registered as a private seller on Ebay or a business seller?

KatieBW123

swingaloo said:

Its not what you describe it as that matters, is he registered as a private seller on Ebay or a business seller?

As above, he is a registered business seller on eBay 

soolin

KatieBW123 said:

swingaloo said:

Its not what you describe it as that matters, is he registered as a private seller on Ebay or a business seller?

As above, he is a registered business seller on eBay 

Ebay are out of the equation with this as it was a classified ad- but that still leaves you the usual legal issues against a trader. Others are better to advise how to proceed- but meanwhile screen shot all the relevant ebay pages before they get lost, as that will be your evidence of him being  a trader and the stated condition of the car.

KatieBW123

soolin said:

KatieBW123 said:

swingaloo said:

Its not what you describe it as that matters, is he registered as a private seller on Ebay or a business seller?

As above, he is a registered business seller on eBay 

Ebay are out of the equation with this as it was a classified ad- but that still leaves you the usual legal issues against a trader. Others are better to advise how to proceed- but meanwhile screen shot all the relevant ebay pages before they get lost, as that will be your evidence of him being  a trader and the stated condition of the car.

Thank you, yes have done this. Noticed he had removed the listing within minutes of me buying the car but I still had the link. He is very clear in the ad that the car is in perfect condition and that he is an exemplary trustworthy guy!